What are the methods and criteria for assessing the capacity, experience, technique, finance - commerce of bids in Vietnam from October 1, 2022?

Hello LawNet, I would like to ask about the regulations on the method and criteria for assessing the capacity and experience of bids in accordance with the current law in Vietnam? I’m looking forward to receiving your answer. Thank you for the advice.

What are the methods and criteria for assessing the capacity and experience of bids in Vietnam?

According to the provisions of Article 5 of Circular 09/2022/TT-BGTVT guiding the content of methods and criteria for assessing bids to select investors by method of public-private partnership and form of construction - business - transfer contract in the transport sector, promulgated by the Minister of Transport, stipulating the methods and criteria for assessing bids in terms of specific capacity and experience as follows:

(1) Evaluation method

- For independent investors: Comply with the provisions of Clause 3.1, Section 3, Part A, Chapter III, Appendix IV issued together with Circular No. 09/2021/TT-BKHDT;

- For joint venture investors: Comply with the provisions of Clauses 3.1 and 3.2, Section 3, Part A, Chapter III, Appendix IV issued together with Circular No. 09/2021/TT-BKHDT.

(2) Evaluation criteria: Comply with the provisions of Appendix I issued with this Circular.

What are the methods and criteria for assessing the capacity, experience, technique, finance - commerce of bids in Vietnam from October 1, 2022?

What are the methods and criteria for assessing the technique of bids in Vietnam?

With regard to methods and criteria for evaluating technical bids, Article 6 of Circular 09/2022/TT-BGTVT guides the content of methods and criteria for assessing bids to select investors. According to the public-private partnership method and the form of a build-operate-transfer contract in the transport sector, issued by the Minister of Transport, it stipulates that:

(1) Evaluation method: Comply with the provisions of Clause 4.1, Section 4, Part A, Chapter III, Appendix IV issued together with Circular No. 09/2021/TT-BKHDT.

(2) Evaluation criteria: Comply with the provisions of Appendix II issued with this Circular.

What are the methods and criteria for assessing the finance - commerce of bids in Vietnam?

Pursuant to the provisions of Article 7 of Circular 09/2022/TT-BGTVT guiding the content of methods and criteria for assessing bids for investor selection by public-private partnership method and contract types build-operate-transfer in the transport sector, promulgated by the Minister of Transport, prescribes methods and criteria for evaluating financial-commercial bids, specifically as follows:

(1) Based on the scale and nature of the project, the bid solicitor must determine one of the following methods to compare and rank investors that meet financial - commercial requirements:

- The method of comparison and ranking is based on the standard of state capital to support the construction of works and infrastructure systems (VGF) (not applicable to PPP projects with subprojects using public investment capital as prescribed at point a, clause 5, Article 70 of the Law on PPP), other contents such as payback period, price, product fee and other relevant factors have been clearly defined in the Bidding Documents.

The investor who proposes the lowest state capital for construction support is ranked first and is proposed to win the bid.

In case an investor is eligible for incentives, the value of that investor's state capital in construction support must be calculated before performing the investor ranking step according to the formula specified in section 26.3 of this Chapter. II Part 1 Appendix IV issued together with Circular No. 09/2021/TT-BKHĐT.

In case investors propose the same value of the state's capital contribution, investor ratings will be based on the results of technical evaluation. In case of using the scoring method, the Bid of the investor with the higher technical evaluation score will be ranked first. In case of using the pass and fail evaluation method, the investor's bid with less number of detailed non-essential criteria that is acceptable is ranked first.

- The method of comparison and ranking is based on price standards, fees for public products and services, other contents such as standards for assets and services under the project, contract performance time and other factors relevant are clearly identified in the bidding documents.

The investor who proposes the lowest prices and fees for public products and services shall be ranked first and be proposed to win the bid.

In case an investor is eligible for incentives, it must calculate the prices and fees for public products and services of that investor before performing the investor ranking step according to the formula specified in section 26.3 of this Chapter. II Part 1 Appendix IV of the application form issued together with Circular No. 09/2021/TT-BKHDT.

In case there are 02 or more investors who propose the same lowest price and fee for public products and services, investor ratings will be based on technical assessment. In case of using the scoring method, the Bid of the investor with the higher technical evaluation score will be ranked first. In case of using the pass and fail evaluation method, the investor's bid with less number of detailed non-essential criteria that is acceptable is ranked first..

- The method of comparison and ranking is based on the criteria of social benefits, state interests, and other relevant contents which have been clearly defined in the bidding documents.

The investor who proposes to pay the highest state budget or the shortest time to perform the contract is ranked first and is proposed to win the bid.

In case an investor is eligible for incentives, it must calculate the proposed value of payment to the state budget or the contract performance period of that investor before performing the step of investor ranking according to the technology. The form is specified in CDNI section 26.3 Chapter II Part 1 Appendix IV of the application form issued together with Circular No. 09/2021/TT-BKHDT.

In case there are 02 or more investors who propose the highest budget payment or the shortest contract execution period, investor ranking will be based on technical assessment. In case of using the scoring method, the Bid of the investor with the higher technical evaluation score will be ranked first. In case of using the pass and fail evaluation method, the investor's bid with less number of detailed non-essential criteria that is acceptable is ranked first.

- The method of comparison and ranking based on the combined criteria shall comply with the provisions in Appendix III issued with this Circular.

(2) Based on the scale and nature of the project and the evaluation criteria determined according to the provisions of Clause 1 of this Article, the bid solicitor shall clearly state the contents of the financial-commercial evaluation as prescribed in Point a of this Clause 2.2.2 Section 2 Part B Chapter III Appendix IV issued together with Circular No. 09/2021/TT-BKHDT.

Circular 09/2022/TT-BGTVT takes effect from October 1, 2022.

Here is some of the information we provide to you. Best regards!


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